Cases2203686/2021

Claimant v Royal Mail Group Limited

7 May 2025Before Employment Judge Mr J S BurnsLondon Centralremote video

Outcome

Partly successful

Individual claims

Direct Discrimination(disability)failed

The tribunal found no evidence that the respondent's failure to properly investigate the claimant's complaint of 20 March 2022 (including procedural flaws, delays, and incorrect outcomes) was because she was disabled. The flaws were due to administrative incompetence and other non-discriminatory factors. The claimant did not establish the necessary causal link between her disability and the treatment received.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal found that Mr Hajeeshariff's conduct on 17 and 25 February 2022 (raising his voice/shouting) did not amount to unfavourable treatment. Even if it did, the claimant failed to prove it was because of something arising from her disability (namely, her medication making her hyper and a fast worker). Mr Hajeeshariff did not know about her medication or its effects, and his conduct was not causally linked to her disability.

Harassment(sex)succeeded

On 17 March 2022, Rebecca Ferguson opened the door to a shower cubicle while the claimant was undressed inside and told her a male cleaner needed to clean. Ms Ferguson returned shortly after and knocked again to hurry the claimant. The tribunal found this conduct was unwanted, related to sex (the claimant was in a female-only space and undressed), and had the effect of violating the claimant's dignity and creating a degrading and humiliating environment, even though Ms Ferguson did not intend this.

Unlawful Deduction from Wagesfailed

The respondent stopped paying the claimant's shift allowance after she had been on sick leave for two months. This deduction was in line with the claimant's contractual terms and conditions, which expressly authorised the cessation of shift allowance after two months of continuous paid absence. The deduction was therefore lawful.

Facts

The claimant, a postal worker with schizophrenia and bowel/bladder conditions working at Mount Pleasant, complained in March 2022 about three incidents: two involving her manager Mr Hajeeshariff allegedly shouting at her in February 2022, and one involving the deputy cleaning manager Ms Ferguson interrupting her while she was showering on 17 March 2022. The respondent investigated her complaint over many months, with significant procedural flaws and delays, ultimately rejecting all complaints and finding the complaint about Ms Ferguson was malicious. The claimant also claimed unlawful deduction of wages when her shift allowance was stopped after two months of sick leave.

Decision

The tribunal upheld only the sex-related harassment claim concerning Ms Ferguson opening the shower cubicle door while the claimant was undressed, finding this had the effect of violating her dignity. All other claims failed: the direct disability discrimination claim failed because the respondent's poor investigation was due to administrative incompetence not disability; the discrimination arising from disability claims failed because Mr Hajeeshariff's conduct was not unfavourable treatment and was not causally linked to her disability; and the wages claim failed because the deduction was contractually authorised.

Practical note

Poor handling of a workplace complaint, including procedural flaws and delays, does not constitute disability discrimination without evidence that the claimant's disability was a significant influence on the treatment; and opening a shower cubicle door on an undressed female employee can constitute sex-related harassment even without discriminatory intent.

Legal authorities cited

Madarassy v Nomura International Plc [2007] ICR 867Martin v Devonshires Solicitors [2011] ICR 352Hewage v GHB [2012] ICR 1054Laing v Manchester City Council [2006] IRLR 748Fraser v University of Leicester UKEAT/0155/13Qureshi v London Borough of Newham [1991] IRLR 264Bilka-Kaufhaus GmbH v Weber von Hartz [1987] ICR 110Williams v Trustees of Swansea University Pension and Assurance Scheme [2018] UKSC 65Efobi v Royal Mail Group Ltd [2021] UKSC 33City of York Council v Grosset [2018] EWCA Civ 1105Igen v Wong [2005] ICR 931

Statutes

Equality Act 2010 s.15Equality Act 2010 s.13Employment Rights Act 1996 s.27Employment Rights Act 1996 s.23Employment Rights Act 1996 s.13Equality Act 2010 s.136Equality Act 2010 s.40Equality Act 2010 s.39Equality Act 2010 s.26

Case details

Case number
2203686/2021
Decision date
7 May 2025
Hearing type
full merits
Hearing days
9
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
solicitor

Employment details

Role
Operational Postal Grade (OPG)

Claimant representation

Represented
No